Michigan Court of Appeals (Unpublished Criminal)

Murder, Second Degree; Felony Firearm. Sufficient Evidence. A witness testified that defendant pointed a gun at the victim and shot him in the chest. This evidence was sufficient to convict defendant. People v. Williams. (Lawyers Weekly No. 43507 – 3 ...

Armed Robbery; Habitual Offender, Third Offense. Newly Discovered Evidence. The new evidence upon which defendant relies for a new trial — that the complainant suffered from senile dementia — would not have changed the outcome of the trial. People v. ...

Murder, Second Degree; Felony Firearm; Habitual Offender, Second Offense. Judicial Questions. The court’s question to defendant in front of the jury regarding whether he knew about his rights to remain silent did not deny him a fair trial. People v. ...

Assault With intent To Commit Great Bodily Harm Less Than Murder. Effective Assistance. Defendant claims he received ineffective assistance because counsel did not introduce a 911 tape at defendant’s bench trial. However, the evidence on the tape was cumulative to ...

Possession Of Less Than 25 Grams Of Cocaine. Sufficient Findings Of Fact. Defendant claims that the judge conducting his bench trial made insufficient findings of fact. However, the record shows that the judge disclosed the basis for his findings and ...

Assault With Intent To Do Great Bodily Harm Less Than Murder. Other Acts Evidence. Defendant spilled an ignitable fluid on the victim and lit it, causing severe injuries. Evidence that defendant had previously doused the victim with kerosene was properly ...

Unarmed Robbery. Competence Of Complaining Witness. Defendant claims the victim should have been questioned regarding his competence to testify. Although the victim had a mental disorder, his testimony was lucid, connected and consistent with two other eyewitnesses. People v. Bacon. ...

Assault With Intent To Do Great Bodily Harm Less Than Murder. Effective Assistance. Defendant claims counsel should have called several witnesses but did not. One witness was with her mother on the day of the shooting, and the mother testified ...

Criminal Sexual Conduct, First Degree; Armed Robbery. Concurrent terms of 40 to 80 years and 2 to 4 years are affirmed. “The record reveals that the resentencing judge was familiar with the essential facts of the case and with defendant’s ...

Assault With Intent To Do Great Bodily Harm Less Than Murder; Felony Firearm. Ineffective Assistance. Counsel was not ineffective for failing to request an “accident” instruction because the defense did not suit the circumstances. People v. Weatherspoon. (Lawyers Weekly No. ...